left52side
Legend
Silver Level
Party on Left's boat! I'm over on the east coast of Florida, just north of Ft. Lauderdale. Tampa's not too far
Poker party in the gulf.
I like the sound of that mortis.
Party on Left's boat! I'm over on the east coast of Florida, just north of Ft. Lauderdale. Tampa's not too far
Poker party in the gulf.
I like the sound of that mortis.
Okay, let's review.
Federal law gives the right to any Indian tribe to run any Class II gaming which is offered anywhere within the state without a compact. This includes bingo (and therefore bingo slots) and poker (at whatever limits are available to others by state law), among other games.
Federal law gives the right to any Indian tribe to run any Class III gaming which is offered anywhere within the state, but it has to be done by compact with the state and the state has to negotiate a compact in good faith. Class III gaming includes banked card games, other casino games, pari-mutuel wagering and lotteries, among others.
As Florida has pari-mutuel wagering and a lottery, the Seminole tribe has been trying to get the State of Florida to negotiate a compact for some Class III gaming for sixteen years. The state has shot down every attempt by the Seminoles in one way or another, including getting a Federal court ruling that the tribe doesn't have the right to sue the state in court to make a compact with them.
A few years ago, by local referendum, the pari-mutuels in Miami-Dade and Broward counties were granted lawful permission to install Class III slot machines, and proceeded to do so. This gave the right to the Seminole tribe to do the same, but once again not without a compact, which the state legislature refused to negotiate. The tribe made numerous appeals to the Federal government to intervene on their behalf.
Finally, the Secretary of the Interior gave the state a deadline, after which he would issue administrative procedures to give the Seminole tribe some or all Class III gaming (he didn't say which) without a compact and therefore without any revenue sharing with the state. The Florida legislature still refused to negotiate a compact, so at the last minute Crist stepped in and negotiated a compact so that the state would receive revenue sharing on the Class III gaming. This gave the tribe Class III slots (which the tribe was entitled to without any revenue sharing), plus on banked card games with exclusivity in exchange for revenue sharing on all tribal gaming revenues (Class II and Class III).
This compact was signed by the tribe and the governor, accepted by the Secretary of the Interior, and published into federal law in the Federal Register. But, the Speaker of the Florida House and the Florida House or Representatives made a court challenge in the Florida Supreme Court and got the compact voided, according to that court. It has yet to be determined if this would hold up in Federal court as well, so this original compact may or may not still be valid under Federal law - and probably is until the matter is settled in the U.S. Supreme Court. Note also that Crist did make valid arguments for the lawfulness of his actions in negotiating and signing that compact without the approval of the state legislature.
After the original compact was struck down by the state SC, the Florida Attorney General attempted to get the feds, who are the only ones with the authority to enforce laws on tribal lands, to come in and shut down the Class III gaming which the Seminoles had begun to operate based on the original compact. The feds refused to do so a few times, instead asking the tribe to legally justify continuing under the old compact, and in the meantime the tribe asked SCOTUS to rule on the case. But these legal actions were put on hold when the feds pressured the Florida legislature to negotiate a new compact and the legislature began that process this past spring.
Now we come to all the latest mess under SB788. This new compact did not give the tribe true exclusivity on the banked card games, which is pretty much de riguer for a tribal gaming compact which has revenue sharing. It's the whole reason an Indian tirbe does revenue sharing in the first place.
So, the compact under SB788 was pretty much dead in the water to begin with, and I'm pretty sure the legislators knew that. It's really no surprise that the tribe came out of the "negotiations" with a compact that didn't match SB788, and included the main points of exclusivity and gaming at all seven tribal casinos. But this gives the legislators - lead by Atwater, who is from Palm Beach County - what they really want, imo - a public excuse to expand Class III slots to pari-mutuels across the state and the Class III casino games to all the pari-mutuels in the three South Florida counties.
The tribe no doubt new this was on the horizon, and they would shortly be entitled to all the Class III gaming without any revenue-sharing. So there was really no reason for them to sign any compact that didn't give them true exclusivity.
Everything else is just public posturing. There will be no compact until the feds step in, and by then there will be Class III casino games in South Florida and therefore no requirement for revenue sharing by the tribe. In the meantime, the state will replace the lost revenue from the tribes by taxes on the expanded gaming at the pari-mutuels (and possibly Video Lottery Terminals).
QED
PX